072 Unfair v Wrongful Dismissal

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Employment Law Matters

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In episode 72 of Employment Law Matters, you’ll learn about the differences between a wrongful dismissal and an unfair dismissal claim. It is a quirk of UK employment law that there are two separate and distinct claims that can be brought (leaving aside any issue of discrimination) in challenging a dismissal. Unfair dismissal is a claim created by statute — currently found in Part X of the Employment Rights Act 1996. Wrongful dismissal is a contractual claim where the employee alleges that the dismissal was not carried out in accordance with the contract. Both claims can be brought in the employment tribunal, although an employee hoping to recover more than £25,000 for wrongful dismissal will need to pursue that claim in the normal civil courts. Subscribe to Daniel Barnett’s YouTube Channel Listen to Daniel Barnett on LBC, the UK’s largest commercial talk radio station.  Join him every Saturday from 9pm for the LBC Legal Hour.  Listen live on FM 97.3, DAB radio, online at lbc.co.uk or via the Global Player App.  Listen to his latest show using the Global Catchup Player.See all Daniel Barnett’s books here.Get high-level access to barrister Daniel Barnett, for answers to your most complex HR and employment law problems.  Visit http://www.hrinnercircle.co.uk for more information.Thank you for listening and please leave a review if you found this helpful.  Subscribe to Employment Law Matters to automatically receive new episodes every Tuesday.  If you have a question, or any feedback, please email podcast@danielbarnett.co.uk or tweet @daniel_barnett .© Employment Law Services Limited 2020.  Any information on this podcast is for general guidance only.  Please see our full terms and disclaimer.